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(영문) 서울중앙지방법원 2018.09.07 2018고합449
폭발성물건파열미수
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 13, 2018, the Defendant, at the outdoor parking lot at the entrance of the Supreme Prosecutors' Office located in the 157 Supreme Prosecutors' Office, according to the distribution of Seocho-gu Seoul, around 12:0, at around 157, tried to cut down the water on the butane gas prepared in advance in order to attract attention for the purpose of causing concern to the prosecutor's complaint against the prosecutor's office and his detention, and to shot gas by shotizing the gas with a gaster, but the police assigned for special guard of the Supreme Prosecutors' Office has become a fire extinguisher.

Accordingly, the defendant did not commit an attempted crime, even though he did not cause danger to the life, body, or property of another person by burning a single-use carbon gas, which is an explosive object.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Written statements of D;

1. Protocols of seizure (voluntary submission of evidence list 1);

1. CCTV video CDs;

1. Application of the Acts and subordinate statutes of butane gas and Rater photographs;

1. Articles 174 and 172 (1) of the Criminal Act relating to the facts constituting an offense;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (the circumstances favorable to the reasons for sentencing as set forth below)

1. The gist of the assertion is that the Defendant only committed the above act in order to attract attention for the purpose of expressing complaints due to complaints against the prosecution and for the purpose of causing concern for his own suppression part, and such act did not constitute an act likely to cause danger to the life, body or property of a person.

There was no perception that the defendant's own act causes danger to human life, body or property.

2. The carbon gas to be determined shall be an article with a considerable explosion, and shall turn off a considerable distance in cases of explosion;

In addition, the place of the instant crime was where people and vehicles are frequent, and the time of the crime was at a low time.

Therefore, it is true.

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